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(영문) 서울중앙지방법원 2017.11.17 2016가단5278053
사해행위취소
Text

1.(a)

A lease contract entered into on February 28, 2012 between B and the Defendant with respect to the real estate stated in the separate sheet is 19.

Reasons

1. Basic facts

A. On January 31, 2012, the Plaintiff entered into a parent-mortgage insurance contract (hereinafter “credit insurance contract”) with Nonparty B as the insured on January 31, 2012, on the ground that Nonparty B obtained a collateral loan secured by its ownership from the Korea Standards Bank (hereinafter “Nonindicted Bank”).

B. B obtained a loan of KRW 360,00,000 from a bank in accordance with a credit insurance contract on January 31, 2012. With respect to the instant housing, the Incheon District Court registered the relevant housing at the Incheon District Court on February 1, 2012 as the receipt of No. 3390, Jan. 31, 2012, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage”) was completed on the ground that the contract was concluded on January 31, 2012.

C. However, due to the aggravation of the financial situation, B began to be in arrears with the above loan obligation from July 1, 2012, and the bank transferred the loan obligation against B to the Korea Asset Management Corporation on March 27, 2013. Accordingly, the above registration was issued as of April 17, 2013 as of March 27, 2013 as of March 27, 2013.

On July 17, 2013, the Korea Asset Management Corporation, which acquired the above loan claims, requested the Plaintiff to pay insurance proceeds due to the occurrence of insurance accidents. On September 3, 2013, the Plaintiff paid KRW 50,700,000 as insurance proceeds to the Korea Asset Management Corporation.

E. As to the instant housing, the registration of the establishment of a mortgage, which is the maximum debt amount of 443,720,000 won, the debtor C, and the National Agricultural Cooperative Federation, was completed on the ground of the contract concluded on February 6, 2009 by the foregoing registry office No. 4118, Feb. 6, 2009; and thereafter, the registration of the establishment of a mortgage of this case was completed on the ground of the registration of the establishment of a mortgage of this case; and on February 20, 2012, the receipt of the registration No. 6463, Feb. 20, 2012; and on February 14, 2012, the amount claimed by the prosecutor (200,000,000 won) based on an order issued by the Incheon District Court on the collection preservation

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